September 26, 2020
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HB 0989

1
A bill to be entitled
2An act relating to environmental protection; amending s.
3403.813, F.S.; providing for applicability of a road and
4bridge project permit exemption to the Suwannee River
5Water Management District; requiring the Department of
6Environmental Protection to adopt a general permit that
7shall be applicable to qualified projects reviewed by the
8department or applicable water management district;
9providing for the repeal of this paragraph upon adoption
10of the general permit; deleting an obsolete provision
11relating to a report; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraph (t) of subsection (2) of section
16403.813, Florida Statutes, is amended to read:
17     403.813  Permits issued at district centers; exceptions.--
18     (2)  A permit is not required under this chapter, chapter
19373, chapter 61-691, Laws of Florida, or chapter 25214 or
20chapter 25270, 1949, Laws of Florida, for activities associated
21with the following types of projects; however, except as
22otherwise provided in this subsection, nothing in this
23subsection relieves an applicant from any requirement to obtain
24permission to use or occupy lands owned by the Board of Trustees
25of the Internal Improvement Trust Fund or any water management
26district in its governmental or proprietary capacity or from
27complying with applicable local pollution control programs
28authorized under this chapter or other requirements of county
29and municipal governments:
30     (t)  The repair, stabilization, or paving of existing
31county maintained roads and the repair or replacement of bridges
32that are part of the roadway, within the Northwest Florida Water
33Management District and the Suwannee River Water Management
34District, provided:
35     1.  The road and associated bridge were in existence and in
36use as a public road or bridge, and were maintained by the
37county as a public road or bridge on or before January 1, 2002;
38     2.  The construction activity does not realign the road or
39expand the number of existing traffic lanes of the existing
40road; however, the work may include the provision of safety
41shoulders, clearance of vegetation, and other work reasonably
42necessary to repair, stabilize, pave, or repave the road,
43provided that the work is constructed by generally accepted
44engineering standards;
45     3.  The construction activity does not expand the existing
46width of an existing vehicular bridge in excess of that
47reasonably necessary to properly connect the bridge with the
48road being repaired, stabilized, paved, or repaved to safely
49accommodate the traffic expected on the road, which may include
50expanding the width of the bridge to match the existing
51connected road. However, no debris from the original bridge
52shall be allowed to remain in waters of the state, including
53wetlands;
54     4.  Best management practices for erosion control shall be
55employed as necessary to prevent water quality violations;
56     5.  Roadside swales or other effective means of stormwater
57treatment must be incorporated as part of the project; and
58     6.  No more dredging or filling of wetlands or water of the
59state is performed than that which is reasonably necessary to
60repair, stabilize, pave, or repave the road or to repair or
61replace the bridge, in accordance with generally accepted
62engineering standards; and
63     7.  Notice of intent to use the exemption is provided to
64the department, if the work is to be performed within the
65Northwest Florida Water Management District, or to the Suwannee
66River Water Management District, if the work is to be performed
67within the Suwannee River Water Management District, 30 days
68prior to performing any work under the exemption.
69
70Within 30 days after this act becomes a law, the department
71shall initiate rulemaking to adopt a general permit for the
72repair, stabilization, or paving of existing roads that are
73maintained by the county and the repair or replacement of
74bridges that are part of the roadway where such activities do
75not cause significant adverse impacts to occur individually or
76cumulatively. The general permit shall apply statewide and, with
77no additional rulemaking required, apply to qualified projects
78reviewed by the Suwannee River Water Management District, the
79St. Johns River Water Management District, the Southwest Florida
80Water Management District, and the South Florida Water
81Management District under the division of responsibilities
82contained in the operating agreements applicable to part IV of
83this chapter. Upon adoption, this general permit shall, pursuant
84to the provisions of subsection (3), supersede and replace the
85exemption in this paragraph. The department shall submit a
86report to the Governor and the Legislature by March 1, 2004, to
87evaluate the effects of this exemption and make recommendations
88for the exemption to apply statewide.
89     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.
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